Gauhati High Court
Page No.# 1/6 vs On The Death Of Nirmal Das His Legal Heirs ... on 23 May, 2025
Page No.# 1/6
GAHC010140272024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2217/2024
BINAPANI DAS AND 4 ORS
W/O LATE ELARAM DAS,
RESIDENT OF VILLAGE PUB JALUGUTI, PO JALUGUTI, DIST MORIGAON,
ASSAM 782104
2: SRI BISHNU PRASHAD DAS
S/O LATE ELARAM DAS
RESIDENT OF VILLAGE PUB JALUGUTI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
3: SRI JYOTI PRASHAD DAS
S/O LATE ELARAM DAS
RESIDENT OF VILLAGE PUB JALUGUTI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
4: BIDYUT BIKASH BHAGAWATI
S/O LATE ELARAM DAS
RESIDENT OF VILLAGE PUB JALUGUTI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
5: SRI AJIT KUMAR DAS
S/O LATE ELARAM DAS
Page No.# 2/6
RESIDENT OF VILLAGE PUB JALUGUTI
PO JALUGUTI
DIST MORIGAON
ASSAM 78210
VERSUS
ON THE DEATH OF NIRMAL DAS HIS LEGAL HEIRS ANUPAM DAS AND
ORS
S/O LATE NIRMAL DAS, RESIDENT OF ZOO NARENGI ROAD, 1ST BYE
LANE, NARIKAL BASTI, 4TH SUB BY LANE, HOUSE NO. 7, GUWAHATI
781024
PERMENENT RESIDENT OF VILLAGE PUB JALUGUTI, MOUZA
CHARAIBAHI, PO JALUGUTI, DIST MORIGAON, ASSAM 782104
2:SRI SWARUPA NANDA DAS
S/O LATE NIRMAL DAS
RESIDENT OF BAKUL BON HOUSING COLONY
EAST BOROSAJAI
BUILDING NO. 1
UNIT NO. 4
BHETAPARA ROAD
HATIGAON
PS HATIGAON
GUWAHATI 781038
PERMENENT RESIDENT OF VILLAGE PUB JALUGUTI
MOUZA CHARAIBAHI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
3:SRI KAMALA DAS
D/O LATE NIRMAL DAS
RESIDENT OF ZOO NARENGI ROAD
1ST BYE LANE
NARIKAL BASTI
4TH SUB BY LANE
HOUSE NO. 7
GUWAHATI 781024
PERMENENT RESIDENT OF VILLAGE PUB JALUGUTI
MOUZA CHARAIBAHI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
Page No.# 3/6
4:SMTI PURNIMA DAS
D/O LATE NIRMAL DAS
RESIDENT OF ZOO NARENGI ROAD
1ST BYE LANE
NARIKAL BASTI
4TH SUB BY LANE
HOUSE NO. 7
GUWAHATI 781024
PERMENENT RESIDENT OF VILLAGE PUB JALUGUTI
MOUZA CHARAIBAHI
PO JALUGUTI
DIST MORIGAON
ASSAM 782104
5:SRI UPEN DAS
S/O LATE KALIRAM DAS
RESIDENT OF UZAN BAZAR
M.C ROAD
HOUSE NO. 52
PS LATASIL
DIST KAMRUP M ASSAM 78100
Advocate for the Petitioner : MR. A ALAM, MR. A I UDDIN,MR. M ALAM,M ALAMGEER
Advocate for the Respondent : MR. A IKBAL(R-1,5), MS. J SARMA(R-1,5),MS S SIDDIQUA(R-
1,5),MS. M NATH(R-1,5),MR. R BARUAH(R-1,5)
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 23.05.2025
Heard Mr. A.I. Uddin, learned counsel for the applicants. Also heard Mr. A.
Ikbal, learned counsel for the opposite party Nos. 1 and 5.
2. This interlocutory application, under Section 5 of the Limitation Act, 1963,
is preferred by the applicants for condoning the delay of 150 days in filing the
connected regular first appeal against the judgment and preliminary decree
Page No.# 4/6
dated 09.10.2023, passed by the learned Civil Judge (Senior Division),
Morigaon, in Title Suit No. 2/2017.
3. It is to be noted here that vide judgment and preliminary decree dated
09.10.2023, the learned Civil Judge (Senior Division), Morigaon had decreed the
suit of the plaintiffs declaring that the plaintiffs jointly have 2/5 share in the suit
land described in Schedule-A to F of the plaint, and to separate possession and
also issue permanent injunction and issue precept.
4. Mr. Uddin, learned counsel for the applicants submits that the applicants
could not prefer the connected appeal within the stipulate period as because the
applicant Nos. 1, 2, 3 and 5 are old, aged and ailing persons suffering from
various age related diseases and the applicant No. 5 is a Government servant
and he was on election duty in the last General Election and hence, he was not
granted leave during the entire period and therefore, the connected appeal
could not be preferred in time and the same has been explained in paragraph
No. 4 of the application. Mr. Uddin also submits that the delay is not intentional,
rather it is circumstantial and that there is sufficient ground for hearing the
appeal on merit, and therefore, Mr. Uddin has contended to allow this
application.
5. Mr. Ikbal, learned counsel for the opposite party Nos. 1 and 5 has filed
objection in condoning the delay on the ground that no medical documents in
respect of the applicant Nos. 1, 2, 3 and 5 are furnished by the applicants, and
as such, the grounds so assigned for delay in filing the appeal is not acceptable
and therefore, Mr. Ikbal has contended to dismiss this application.
6. Having heard the submissions of learned counsel for both the partie, I
have carefully gone through the application and documents placed on record,
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and also gone through the statements and averments made by the applicants in
paragraph No. 4 of the application.
7. It is a fact that no medical documents have been enclosed to substantiate
that the applicant Nos. 1, 2, 3 and 5 are old, aged and ailing persons, but it is
not in dispute that they are old and ailing persons, and that the applicant No. 4
is a Government servant and he was on election duty in the last General
Election, for which he was not granted leave, and on such count, the connected
appeal could not be filed in time.
8. Thus, taking note of the submissions of learned counsel for both the
parties, and also considering the grounds shown in the application for delay in
filing the connected appeal, this Court is of the view that the delay of 150 days
in preferring the connected appeal is sufficiently explained and therefore, this
Court is inclined to condone the same.
9. Accordingly, the delay of 150 days in preferring the connected regular first
appeal stands condoned.
10. In terms of above, this I.A. stands disposed.
11. In view of the order passed in this interlocutory application, now the
Registry shall proceed to register the connected appeal and the list the same
before this Court as soon as practicable. Registry shall also reflect the name of
Mr. Ikbal, learned counsel for the respondents in the connected appeal in the
cause list.
10. Mr. Ikbal, learned counsel for the opposite party Nos. 1 and 5 submits that
he has not been furnished with a copy of the memo of appeal.
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11. Mr. Uddin, learned counsel for the applicants undertakes to furnish a copy
of the memo of appeal to Mr. Ikbal during the course of the day.
JUDGE
Comparing Assistant
